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HomeMy WebLinkAbout03/23/2010 19 Yakima County Solid and Moderate Risk Waste Management Plan Adoption BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 23, 2010 ITEM TITLE: Resolution Adopting the Yakima County Solid and Moderate Risk Waste Management Plan, January 2010 SUBMITTED BY: Chris Waarvick, Director of Public Works • Nancy Fortier, Refuse and Recycling Manager CONTACT PERSON/TELEPHONE: Nancy Fortier, 576 -6421 SUMMARY EXPLANATION: Yakima County Public Services, Solid Waste Division has requested that the Yakima City Council adopt the attached Yakima County Solid and Moderate Risk Waste Management Plan Update, dated January 2010. During the environmental review process, four comments were received regarding the plan. A copy of 0. the comments and the proposed revisions prepared by the County consultant, URS are attached. The attached Resolution authorizes the City Manager to implement the Yakima County Solid and Moderate Risk Waste Management Plan. At the earliest opportunity, the Yakima County Solid Waste Plan should be included in the Yakima Urban Area Comprehensive Plan by reference and a summary of the capital facilities added to the Capital Facilities Element. Resolution X Ordinance Contract Other (Specify) Yakima County Solid and Moderate Risk Waste Management Plan Funding Source APPROVED FOR SUBMITTAL: ----� e � Cit Manager er 9 STAFF RECOMMENDATION: Staff respectfully requests City Council approve the Resolution to adopt the Yakima County Solid and Moderate Risk Waste Management Plan, dated January 2010. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: !II III RESOLUTION NO. R -2010- A RESOLUTION adopting the Yakima County Solid, and Moderate Risk Waste Management Plan Update, dated January 2010. WHEREAS, RCW 70.95.080 and RCW 70.105 require Yakima County, in cooperation with various cities located within the County, to prepare a coordinated comprehensive solid waste management plan and provide a local Moderate Risk Waste Management Plan; and WHEREAS, on April 15, 2003, the Yakima City Council adopted a resolution authorizing an agreement whereby Yakima County, on behalf of the City of Yakima, was designated to develop a solid waste management plan for integrated solid waste management; and, WHEREAS, the Yakima County Solid Waste Advisory Committee recommends adoption of the Yakima County Solid and Moderate Risk Waste Management Plan Update, dated January 2010; and, WHEREAS, the Washington State Department of Ecology reviewed the draft Yakima • County Solid and Moderate Risk Waste Management Plan and provided comments; and funding for Plan implementation has been approved by the Washington Utilities and Transportation; and, WHEREAS, the Yakima County Solid and Moderate Risk Waste Management Plan has been reviewed as a non - project action under SEPA and a Determination of Non- Significance was issued on January 25, 2010; and, WHEREAS, at the earliest opportunity, the Yakima County Solid Waste Plan Update, dated January 2010, should be included in the Yakima Urban Area Comprehensive Plan by reference and a summary of the capital facilities added to the Capital Facilities Element; and, WHEREAS, the adopted Yakima County Solid and Moderate Risk Waste Management Plan Update, dated January 2010, will be submitted to the Washington state Department of Ecology for final approval; and, WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to adopt the Yakima County Solid and Moderate Risk Waste Management Plan Update, dated January 2010, now, therefore, ill , Resolution for 2010 County Solid Waste Mgmt Plan.rtf 1 • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The 2010 Yakima County Solid and Moderate Risk Waste Management Plan is hereby approved and adopted as the Yakima County Solid and Moderate Risk Waste Management Plan, January 2010, and the City Manager of the City of Yakima is hereby • authorized and directed to implement the attached and incorporated "Yakima County Solid and Moderate Risk Waste Management Plan Update, dated January 2010." ADOPTED BY THE CITY COUNCIL this day of March 2010. Micah Cawley, Mayor A'1" VEST: Debbie Kloster, City Clerk i Resolution for 2010 County Solid Waste Mgmt Plan.rtf 2 • WEEKLY ISSUES March 4, 2010 • TO: City Manager, Dick Zais Members of the Yakima City Council FROM: Nancy Fortier, Refuse and Recycling Manager SUBJECT: Information Relating to Solid Waste Interlocal Agreement with Yakima County On April 15, 2003, the Yakima City Council approved a Resolution Authorizing Execution of a Solid Waste Interlocal Agreement with Yakima County. The Interlocal Agreement designates Yakima County to prepare a Solid Waste Management Plan on behalf of the City of Yakima. Chapter 70.95 RCW, requires counties within the state, in cooperation with various cities located within the County to prepare a coordinated, comprehensive solid waste management plan. It has historically been Council policy to authorize Yakima County to prepare the plan for the city's • solid waste management for inclusion in the comprehensive county plan. The current Interlocal Agreement will remain in effect for 20 years, until April 15, 2023. Council Member Bill Lover has been participating as a voting member of the Yakima County Solid Waste Management Committee (SWAC) in developing the Solid Waste Management Plan. The final 2010 Yakima County Solid and Moderate Risk Waste Management Plan will be coming before the Yakima City Council for adoption in the near future. • • DATE: January 8, 2010 • TO: Yakima County SWAC Members FROM: Terrill Chang and Rick Hlavka RE: Comments and Proposed Revisions for the Solid Waste Plan The purpose of this memo is to identify the comments received on the Preliminary Draft of the Yakima County Solid and Moderate -Risk Waste Management Plan (Plan), and to propose revisions that can be made in response to those comments. If the SWAC members concur with the proposed revisions, the revisions will be incorporated into the Plan. These revisions will convert the Preliminary Draft into the Final Draft. After the Final Draft is adopted, the resolutions of adoption must be inserted into Appendix C and then the plan can be submitted to Ecology for final approval. Only after final approval from Ecology has been granted (or if they fail to act within 45 days) does the plan become effective and the planning process comes to an end. Comments were received from four sources: the Washington Utilities and Transportation Commission (WUTC), Bureau of Indian Affairs (BIA), Yakama Nation, and the Dept. of Ecology. These comments are addressed below in the order that they were received. COMMENTS RECEIVED FROM THE WUTC' The WUTC's comments state that their analysis concludes that there will be a slight increase in garbage • g g g. service costs due to the recommendations of the solid waste plan. For residential customers, their analysis concludes that costs could increase by less. than $3.00 per year The•WUTC general comments relate to .terminology, as discussed below. A. General Comments: WUTC staff noted that solid waste collection companies are erroneously referred to as "franchise haulers" throughout the Plan, and that those references should be changed to "certificated" instead. Discussion: The tern "franchise" shows up in several spots throughout the Plan, but some of those refer to a city's authority to establish a franchise (which is the correct use of the tern as defined by the WUTC). In another place it is part of a direct quotation of state law, which we cannot change. There are only a few places where the terrn is used incorrectly. Recommendation: Change "franchise" to "certificated" in approximately four or five locations in the Plan. COMMENTS RECEIVED FROM THE YAKAMA NATION and BUREAU OF INDIAN AFFAIRS The comments from the Yakarna Nation and Bureau of Indian Affairs are similar and are being addressed at the same time. For reference, the discussion will use the letter from the Yakarna Nation (dated December 21, 2009, see attached). 111111 1 of 5 URS S B. Comment #1 from the Yakama Nation: This comment notes that expenditures outlined in the Plan will exceed $12,000,000 over a six -year period for new projects and questions the lack Of information about the impacts of those developments. Discussion: First, the SEPA process fora solid waste plan is considered to be a "non- project action." Identifying a proposed development project in a solid waste plan does not eliminate the need to undergo permitting and the SEPA process for that project in the future when it is actually being planned and designed. In this case, part of the $12,000,000 is for various operational activities and studies that do not need to be addressed by a SEPA process, but most of this amount is for two capital improvement projects that will each require a project - specific SEPA process: a self -haul site at Cheyne Landfill and the expansion of the transfer station at Terrace Heights. Those SEPA processes will be conducted separately for these projects at a. later date as part of the permitting process. Insufficient details are available at this time to adequately address the potential impacts of these two • projects. The referenced estimated amount was used to indicate the magnitude of future capital expense. Recommendation: No changes are proposed to the SEPA checklist or the Plan in response to this comment. C— Comment - #2- from- the- Y- akama- Nation =The Yakama Nation' -s =next- comment - disagrees with- -the - - - -- _ characterization of the recommendations of the Plan as "refinements to current solid waste practices" and states that they feel that the plan proposes several substantial changes. They cite the designation of Cheyne Landfill as a "regional landfill" as an example of substantial change. III Discussion: The statement that there will not be a significant change in waste management practices is correct within the context of environmental impacts.. Although there will be a shift in the future from Terrace Heights Landfill to Cheyne Landfill as the primary disposal site, the waste disposal system will continue to use local landfills as the primary disposal method. Current haulers using Terrace Heights Landfill will: continue to use Terrace Heights and current haulers utilizing Cheyne Landfill will continue to use Cheyne Landfill Only if the Plan proposed changing from landfill disposal to a radically different disposal method (such as waste incineration or composting), would the Plan itself be considered to be making a significant change in terms of potential environmental impacts. It should also be noted that Cheyne Landfill is not considered to be a "regional" landfill. Although there is no precise regulatory definition of what makes a landfill "regional," the Cheyne Landfill is currently only used for local wastes. Recommendation: No changes are proposed to the SEPA checklist or the Plan in response to this comment. D. Comments 113 through #8 from the Yakama Nation: The next six,conunents from. the Yakama Nation appear to only address possible impacts from the expansion of the Cheyne Landfill. Discussion: All of these .issues have already been addressed by the SEPA process conducted in 2008 for the permitted expansion of the Cheyne Landfill and are not within the scope of the SEPA process for the solid waste plan. 0 . . Recommendation: No changes are proposed to the SEPA checklist P s or the Plan in response to these comments. 2 of 5 URS E. Comment #9 from the Yakama Nation: The Yakama Nation's final comment notes that they are a party of interest in the County's waste management system, but that they have been excluded from active participation in the solid waste advisory committee. Discussion: Representatives of the Yakama Nation have participated in the planning process as a member of the public and their comments during the process have been welcomed and addressed as appropriate. As has been previously discussed by Yakama Nation and Yakima County, formal membership on the SWAC would require some form of written agreement between the two parties. Unfortunately, that has been difficult to accomplish. Recommendation: No changes are proposed to the SEPA checklist or the Plan in response to this comment. COMMENTS RECEIVED FROM ECOLOGY • Ecology's comments on the Preliminary Draft plan fall into three categories (see also the attached copy of their letter): 1. Procedural items that must be addressed prior to plan approval. 2. Other items that must be addressed prior to plan approval. 3. Other comments (non- mandatory recommendations). These comments can be summarized and addressed as follows. Procedural Items from Ecology's Comments: F. Resolutions of Adoption: Ecology's first comment is "Yakima County and the cities with interlocal agreements need to approve the updated comprehensive solid waste management plan prior to Ecology's approval of the final draft. Please include a statement assuring that the plan acceptance • process outlined in the interlocal agreement has been fulfilled." • Discussion: This will be addressed in the final copy of the Plan. Recommendation: The final Plan will contain a statement that the adoption process has been satisfied. Copies of adoptions by each respective party will be included as an attachment to the Plan. G. Approval of Local Hazardous Waste Plan: Ecology's next comment notes that the approval request for the final plan should specifically mention both the solid waste and moderate risk waste management plans. • Discussion: This is per standard plan approval procedures. Recommendation: This will be done when the final Plan is submitted to Ecology for final approval. i 3 of 5 URS • Other Required Items from Ecology's Comments: H. SEPA Process: Ecology's next comment notes that the plan must comply with the State Environmental Policy Act (SEPA), and that evidence of that compliance should be included in the final plan: Discussion: This is per standard procedures. Recommendation: The SEPA checklist is already included in the Plan (see Appendix H), and the final Plan should include the signature page for the SEPA checklist and the results of the SEPA process (such as a DNS or mitigated DNS). • I. Include Copies of Local Ordinances: Ecology next continent states that copies of local ordinances should be included in the plan. Discussion: There are several problems with this request, not the least of which is the waste of resources (paper) that this represents. A. larger problem is that the Plan cannot be viewed as the best source of current information about ordinances. Any future changes in ordinances would require updating the Plan, creating confusion and requiring additional expenditure of time and money. Recommendation: No changes are proposed to the Plan in response to this comment. Other (Non- Mandatory) Items from Ecology's Comments: • J. G- Certificates and City Contracts Ecology's next comment states that copies of G- certificates and city contracts should be included in the plan. Discussion: Again, this would lead to a waste of resources and potentially cause problems in the future when changes are made to the certificates and contracts Recommendation: No revisions are necessary in response to this comment. K. WUTC Comments: Ecology notes that the WIJTC's comment should be incorporated. Discussion: As previously noted in this memo (see item A), a few of the references to "franchise" haulers should be changed to "certificated.", Recommendation: Change "franchise" to "certificated" in approximately four to five locations in the Plan. . L. Anaerobic Digester Regulations: Ecology's` next comments requests that a reference be added to the plan noting that a recent change in state law exempts anaerobic digesters from solid waste permit requirements. . Discussion: We agree that this is a significant change and that it could be added to the summary of relevant state laws. III Recommendation: A brief description of the new law should be added to Section 1.13 of the plan. 4 of 5 URS M.Yard Debris Disposal Ban: Ecology's final comment notes that the language in RCW 70.95.010(10) • doesn't require that yard debris be banned from landfill disposal, only that elimination of yard debris from landfills is a goal of the state. Discussion: We thought that all such references had already been cleaned up but will clarify this point as appropriate. Recommendation: Slight revisions should be made in a few places in the Plan to avoid the implication that there is intended to be a statewide disposal ban for yard debris. This concludes all of the comments received on the Preliminary Draft of the Yakima County Solid and Moderate -Risk Waste Management Plan. • • • 5 of 5 URS k . Vii •t • . 1 • -i . ' Vie +' . , NI / 0 '' / ', .:�i'• f %!� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 VWW Yakima Ave, Ste 200 O Yakima, WA 98902 -3452 m (509) 575 -2490 December 22, 2009 Yakima County Public Works Ms. Wendy Mifflin, Manager Solid Waste Division 7151 Roza Hill Drive - Yakima, WA 9890] RE: Review of the Preliminary Draft Yakima County Solid and Moderate Risk Waste Management Plan, October 2009 Dear Ms. Mifflin: On November 3, 2009, Ecology received formal submittal of the Preliminary Draft Yakima County Solid and Moderate Risk Waste Management Plan, October 2009 and a request for preliminary review. Per the statutory requirements of Chapter 70.95 RCW, and under the " WDOE 90-11 Guidelines for the Development of Local olid Waste Management Plans and Plan Revisions (WDOE 90 -11 Guidelines), I have conducted a preliminary review of the Plan. I would like to commend the efforts of the County, the SWAC and all other involved parties in getting the Plan to this point. During this planning effort all involved parties have stayed focused: on producing a workable, usable document. We are confident this document will guide the County in making the tough decisions it will face in the future in the solid waste arena. . The attached comments are categorized in two ways. The comments under the first two headings must be addressed prior to Plan approval The comments under the thirdheading, "General Comments" are not required to be addressed prior to Plan approval. However, Ecology feels that addressing these issues will help clarify the plan. Ecology has focused its comments on substantive issues and has not addressed editing details in this review. I look forward to working with your staff towards final approval of this plan. If you have any questions please call me at 509-454-7863. Sincerely, . Christopher M. Piercy` Solid Waste Planner •nclosure 2009 Yakima County Draft Solid Waste Management Plan 4110 Preliminary Review Comments Reviewer: Christopher M. Piercy Solid Waste Planner, CRO December 22, 2009 Ecology's review comments are provided to assist Yakima County in the development of a comprehensive, approvable, and useful solid waste management plan. The goals of the planning process include reducing the total amount of solid waste produced through waste reduction and recycling, and achieving compliance with state and local environmental regulations. The task of comprehensive plan development is not an easy assignment considering the multitude of responsibilities confronting the. Yakima County Public Services Department. Ecology recognizes the tremendous effort in developing and updating the comprehensive solid waste management plan: The Plan presented to Ecology has gone through a - thorough review by S Yakima County - Cities, - haulers; the - public and - other - - — _ - interested parties in the County. The Plan has endured a long road to this release, and the thought and effort to get the plan to this point should be appreciated by all parties who have participated in its development. This Plan should provide Yakima County with the • tools necessary to run an efficient and effective solid waste handling system over the coming years. In November, 2004 Ecology issued the State Solid and Hazardous Waste Plan, known as the "Beyond Waste Plan". Some of the new initiatives outlined in your plan are initiatives discussed in the Beyond Waste Plan. I would encourage you to review the Beyond Waste Plan for guidance as you implement your plan, and look to Ecology for assistance in the development of your new programs. PROCEDURAL ITEMS THAT MUST BE ADDRESSED PRIOR TO PLAN APPROVAL Resolutions of Adoption: Yakima' County and the cities with interlocal agreements need to approve the updated comprehensive solid waste management plan prior to Ecology's approval of the final draft. Please include a statement assuring that the plan acceptance process outlined in the interlocal agreement and /or the plan has been fulfilled. Approval of the Local Hazardous Waste Management Plan:. When requesting final approval of the Yakima County Solid and Hazardous Waste Management Plan, be sure to request approval of both plans under their respective statutes: r Ms. Wendy Mifflin December 22, 2009 0 Page2of3 ITEMS THAT MUST BE ADDRESSED PRIOR TO PLAN APPROVAL The final plan must comply with the State Environmental Policy Act (SEPA): Complete and final SEPA documentation must be incorporated into the locally - adopted plan prior to Ecology granting final plan approval. Relevant local ordinances should be included in the plan: Any local ordinances (county or city) that pertain to the collection, handling, or disposal of solid waste should be included in the plan. The most efficient method for doing this would be to include the ordinances as an appendix to the plan. This element is essential to provide context for the surveillance and control element and provide a reference for the occasions where local policy is referenced in the plan. Any future ordinances (such as a flow control ordinance) should also be included in' the plan as they are developed Note: Yakima County opted for an informal Ecology review prior to this formal submittal. All required elements were addressed iri that review and the current draft meets all of the required elements`as described in Chapter 70.95 RCW, except as listed above. • OTHER COMMENTS G- certificates and city hauling contracts: Ecology recommends including copies of the WUTC- issued G- certificates for Yakima County and city hauling contracts for participating jurisdictions as an appendix to the plan:- Regulatory consistency and terminology In order to remain consistent with the Washington Utilities and Transportation Commission's (WUTC) preferred terminology, the plan's references to "franchise haulers" and "franchise" should be changed to "certificated" or "certificate" as appropriate. See WUTC Secretary David W. Danner's letter to Yakima County Public Works, dated December 10, 2009 for more details. Anaerobic digester regulations: In 2009, the Washington State Legislature passed Substitute Senate Bill 5797 (RCW .70.95.330) Exemption. from Solid Waste Handling Permit Requirements for Anaerobic Digesters: The bill provides criteria for exempting certain anaerobic digesters from obtaining a solid waste handling permit. Since there are operating digesters) in .Yakima County, this addition to 70.95 RCW is significant, and should be mentioned'in section .1.13 Sump ar y of f Recent Changes in Solid Waste Regulation and Policy. Possible local ban on yard debris: There are a few references in the plan regarding language in RCW 70.95.010(10): The statute states that, "1t' is the state's goal that programs be established to eliminate residential and commercial yard debris in landfills fp by 2012 in those areas where alternatives to disposal are readily available and . effective." Some of the language in the plan implies that this is a statewide ban on yard Ms. Wendy Mifflin December 22, 2009 Page 3 of 3 debris disposal in landfills. This statement is a goal similar to the state recycling rate goal of 50% by 2007. Ecology applauds Yakima County's ambition for considering such a ban, but it should be made very clear that this is not a legislatively- imposed mandate on the County. If necessary, refer to the statutory language when referencing a ban on the disposal of yard debris. • 1110 , S o f ii t i:: .41::::. x gill( t �t ‘P1 1bR:A� DEC 1 0 2009 STATE OF WASHINGTON WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.O. Box 47250 a Olympia, Washington 98504 -7250 (360) 664 -1160 0 TTY (360) 586 -8203 December 10, 2009 E Yakima County Public Works ®�C . � . 5 2009 Ms. Wendy Mifflin, Manager Yakima Co Solid Solid Waste Division Waste 7151 Roza Hill Drive Yakima, WA 98901 RE: Comments on the Preliminary Draft of Yakima County Comprehensive Solid Waste Management Plan (TG-091750) Dear_ Ms._M ifflin: The Washington Utilities and Transportation Commission (commission) has completed its review of the preliminary draft of the Yalcima County's Comprehensive Solid Waste • Management Plan Update (Plan). Commission staff's analysis of the Cost Assessment portion of the Plan shows financial impact to ratepayers served by regulated solid waste collection companies in Yakima County. The Plan calls for tip fee increases during the five years the Plan is in effect. Residential customers could see increases of up to $.24 per month between the years 2013 - 2020. Commercial customers could see an increase of up to $.60, per yard, based on the projected tip fee increases. Please see staff's comments on the Plan, which are attached. Questions or comments should be directed to Penny Ingram at (360) 664 -1242 or pinararnwutc.wa.gov. Sincerely, 4, Ci 4,.. dr .............,. David W. Danner Executive Director and Secretary cc: James Wavada, Department of Ecology, Eastern Regional Office Attachment III _4,, a,c,,,,,,., lb • DOCKET TG- 091750 PAGE 2. ATTACHMENT: COMMISSION STAFF'S COMMENTS ON YAKIMA COUNTY'S e COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN General comments: • • Throughout the Plan, solid waste collection companies are referred to as "franchise haulers." The commission issues Certificates of Public Convenience and Necessity to regulated solid waste collection companies. The word "franchise" has a different meaning within the regulatory environment and can cause confusion when it is used to refer to a solid waste collection company regulated by the commission. In the context of solid waste regulation in the State, the term " franchise" refers to when a city, town or municipality contracts for solid waste collection service within its . jurisdiction and therefore is exempt from commission regulation (see RCW 81.77.020) or when a city issues a 'franchise" for large trucks to drive on the roads. Please change all references from "franchise" to "certificate" or "certificated ", as applicable, respective to solid waste • collection companies regulated by the UTC. „ . • • • • • , . , , •. • . , • • • • • • • • . • .. • i DLL 12: YHK1MH UUUNIY HULIbEKV • . (---. 1 D107 Dr4 ee.si r.ue/ut, United States Department of the Interior () 9 t r 9. ...No „, k', R 1, Bureau of Indian Affairs . , Yakarna Agency U),i -,41-7 ""N i 7i0N !:. g P.O. )3ox 632 TAKE PRIDE -......... Toppenish, W 98948 INAMERtICA ' 3,1' Public 4/7 December 21, 2009 Z009 Yakima County Public Services Planning Division Mr. Steven M. Erickson 128 N 2 Street, 4 Floor Courthouse Yakima, WA 98901 RE: PRJ 2009-01206 & SEP 2009-00041- Update Yakima County Long Range Plans for Solid & Moderate Risk Wastes _ Dear Mr: Erickson: Per your Notice of Environmental Review -- Determinatiotruf _ • 'Update of Yaldma County Long Range Plan for Solid & Moderate Waste has been received vvitia concerns and comments as stated below for your consideration. Please let me remind you that 1 am bound to view this matter In the context of the sovereign nation status of the Yakama Nation. In review of your notice, the Yakama Nation has relayed valid concerns regarding the proposed updated plan for the solid and moderate risk Wastes (see below). • The Yakama Nation has the concerns with considerations given to the direct and indirect impacts to the environment with regards to project developments. • Refinements to the solid waste practices. The Yakama Nation has concerns the changes are substantial to the solid waste practices and the cumulative impacts were dismissed on the notice as non applicable. • Cheyne Landfill as being a regional landfill for the Yakima County. The Yakama Nation has concerns on the safeguards to accommodate the tonnage fr011t 35,000 ton per year to 300,000 tons a year. Another concern is the increased traffic and infrastructure durability to sustain the larger volumes of waste being hauled over the • current bridges. • The Yakama Nation has the concern of Cheyne Landfill being unlined with regards to environmental precautions: . • Historic and Cultural Preservation. The Yakama Nation has the concern of the cultural resource assessment forthe Cheyne expansion. As you are aware the Cheyne Landfill is off the reservation but within the ceded area of the'Yakama Nation. • Yakima County Solid Waste Advisor); C'ornmittee. The Yakama .Nation has the concern 0 of being excluded as an active participant — -- --- DEC -30 -2009 12:50 YAKIMA COUNTY PUBSERV 1 509 574 2231 P.03i06 In conclusion, I would support further participation by the Yakima County for more open Nation. Our Agency is thankful for the opportunity to communication with the Yakama have any further questions please call to the comment on the SEPA document. If you Y attention of Rocco Clark, Environmental Coordinator, at 509 - 865 - 5121., extension 4195. Sincerely, Superintendent _ _ _ _ _ _ _ _ _______ _ _ _ • .• DEC -30 -2009 12: 50 YHK i riR CUUN I Y 1 1 Bey r4 ee.:3 1 r . u4/ tob .A -* Esfablished by the ' + , " Confederated, Tribes and Bands 0 11 (4. AW All.1 ,-, Treaty of June 9, 1855 1 /' �� {, . of the Yakarna Nation 11'ACA 11TO„ * WAVY Of 4./ 4 t Public Servicee ( \if#:\( December 21, 2009. DEC 2 8 2009 'Yakima County Planning Division YNSe...«G4ry1W..�.Dcn1.1{tave_ _ -.. 128 N 2nd Street DiYL�>wl�h.q�RHp , 4 Floor Courthouse Yakima, WA 98901 - Atten: Stevens Erickson, Planning Official/SEPA Responsible Official Re: NU 2009 -01296 & SEP 2009- 00041- Update Yakima County Long Range Plans for Solid & Moderate Risk Wastes i - - - 1 ear - Erickson, - - -- —_- - - - - -- - Thank you for the opportunity to comment on the Notice of Environmental Review — Determination of Non Significance for the Update ofYakima County's Long Range Plans for , Solid & Moderate Risk Wastes. The ranges of impacts to be analyzed in an initial SEPA environmental checklist are to be direct, indirect and cumulative effects caused by the proposal /project; The majority of the responses given by the Yakima County Solid Waste Program to the questions asked in the SEPA document were listed as non applicable. The vague ness or non responsiveness in addressing the questions raises several questions for the Yakama Nation. The following are our comments and concerns to the proposed plans for solid and moderate risk wastes. 1. The proposed Solid Waste Management Plan is a 20 year planning document. In question seven it is asked if there are plans for future additions, expansion or further activity related to or connected to this proposal. There is not an adequate answer to this question. The Plan states that within the next six years, expenditures are expected to exceed $12,000,000` in project developments. Wherein the SEPA document are those developments diseussed and what considerations were given to the direct and indirect impacts to the environment of these planned activities? 2.. The answer to question 11 states that most of the recommendations from the solid waste management plan represent refinements to existing policies and programs. In review of the Yakima County's Long Range Plans for Solid and Moderate Risk Waste there are several substantial changes not mere refinements to current solid waste practices, the designation of Cheyne Landfill as a regional landfill is an example. Yet cumulative III impacts were dismissed as non applicable. Post. Office•Box 151, Port Road, 7'opptnish, WA 98948 (509) 865 - 5121 Dtt- —eoJy id ;DO YHK 1 I'IH LUUN I T t'UtiStkV 1 D(4 Confederated Tribes and Bands . Established by the 11l 11 nIJ 1M1.'• Treaty of Jane 9, of the Yakarna Nation 40 p{ATY OF 3. Cheyne Landfill is planned to become the regional landfill for Yakima County. This is a substantial change in how waste is currently managed in Yakima County.. What environmental safeguards will be in place to accommodate the jump in tonnage from 35,000 ton per year to 300,000 tons a year The SEPA document has not appropriately addressed the cumulative effects of the increase in traffic or the daily transporting of large volumes .ofwaste, What infrastructure is currently available or will need to be constructed, .such as bridges, roads to and from the Terrace Heights landfill and all the surrounding communities who will use Cheyne as their final disposal option? What are the direct and indirect impacts of this change? 4. What controls are in place to address spills, especially those that can affect the Yakima River? How are the cumulative effects to be measured? 5. Cheyne Landfill is unlined, If Cheyne is to become a regional landfill what environmental precautions the volume =of- waste_ accepted at the site is significantly increased? What environmental assurances is the County proposing to the community to proceed with an unlined landfill? What are the cumulative effects of an unlined landfill? • • 6. With Cheyne being proposed as the regional landfill for the county, how will increases green house gases be offset? Reductions in GHG are not addressed in the application. • 7. Where is the future water supply coming from to accommodate the growth and expansion? 8. Question 14 on the SEPA Environmental Review addresses questions regarding historic and cultural preservation. Cheyne Landfill while not on the Yakama Reservation resides in the ceded areas, In 2007, KW. Beck, the environmental consultant for the Cheyne Landfill expansion, retained Historical Research Associates, Inc. to conduct a cultural resource assessment for the Cheyne expansion; HRA recommended that Yakima County consult with Yakama Nation about the site's potential eligibility for inclusion in the NRHPTW1 -1R tinder Criterion D owing to the site's research potential and ability to yield information important in prehistory. The response given to question 14 a — c was N /A. What are the proposed measures to reduce or control impact to this site? 9. The Yakama Nation is a party of interest in.the County's management of solid waste and the expansion of the Cheyne Landfill. Though Cheyne Landfill resides off reservation it is located in the tribal ceded area and the transporting of waste will require utilizing roads that border the Yakama Reservation and cross the Yakima River: The entire County's proposed solid waste activity is planned to occur in the Yalcaina Nation's sphere of influence. However, the Yakama Nation has been excluded as an active participant in the Yakima County Solid Waste Advisory Committee: Post Office Box 151, Fort Road, Toppcnlsh, WA 98948 (509) 865-5121 DEC -30 -2009 12 :51 YRKIMA COUNTY PUBSERU 1 5l.1 tY4 22 _51 r.Obilib °'" " `,:=.,* Confederated Tribes and Bands Established by the 0 * o the Yakama Nation Treaty of June.9,1855 or * 1 * • We thank you for the opportunity to comment on SEPA Environmental Review. We are formally requesting that we receive a staff report and future notices regarding the status of the county's solid waste management plan. Sincerely, /2.,-.L.,, 6.7„.4-Z Derald Ortloff "Yakama Nation - — -- - Facility Management — -- -- — 509- 865 -5121 x 5453 • • . • ., ill .. , Post Office Box 151, Fort Road, Toppcni$h, WA 98948 (509) 865 -5121 TOTAL P.06